[HISTORY: Adopted by the Town Board of the Town of Greenburgh 3-26-1997 by L.L. No. 3-1997. Amendments noted where applicable.]
Cabaret law — See Ch. 330.
The Town Board finds that the public consumption of alcohol is directly related to many public order offenses impacting, directly and indirectly, the quality of life in Town. The unregulated public consumption of alcohol is directly related to alcohol use by persons underage and activities inconsistent with the residential nature of our Town. Accordingly, the Town Board seeks to regulate such activity and prohibit the public consumption of alcohol under certain circumstances.
Unless otherwise indicated, the following words and phrases shall have the following meaning:
- ALCOHOLIC BEVERAGE
- Any liquid intended for human consumption containing more than 1/2 of 1% of alcohol by volume.
- PUBLIC CONSUMPTION OF ALCOHOLIC BEVERAGE
- The consumption of any alcoholic beverage in any manner in a public place and outside the ambit of a retail establishment licensed to serve alcohol. Possession of an open or partially consumed container or vessel of an alcoholic beverage in a public place under circumstances which tend to evince an intent to consume the alcoholic beverage shall create a rebuttable presumption that such person did intend to consume the contents thereof in violation of this chapter.
- PUBLIC PLACE
- Any place or location open to the public, including but not limited to any street, highway, road, alley, sidewalk, parking area, shopping area, school grounds, playground or public park located within the unincorporated area of the Town of Greenburgh. “Public place” shall also include the public areas of all property under control of the Greenburgh Housing Authority and the interior, passenger area of any stationary motor vehicle on any street, highway, road, alley, parking area, shopping area, school grounds, playground or public park. The term "public place" shall not include private property restricted to private use.
- The unincorporated area of the Town of Greenburgh.
The public consumption of an alcoholic beverage and/or the possession of an alcoholic beverage under circumstances evincing an intent to consume such alcoholic beverage, without a permit and while not otherwise excepted, is prohibited within the Town.
Consumption of alcohol on parkland is prohibited, except at the Greenburgh Nature Center when authorized by a permit issued by the Commissioner of Parks and Recreation to serve beer and wine only for events sponsored by the Greenburgh Nature Center. Permits issued to the Greenburgh Nature Center are not to exceed, four per calendar year.
[Amended 8-29-2012 by L.L. No. 8-2012]
The following acts and activities are deemed exempt and not subject to this chapter:
The consumption of any medicine containing alcohol under circumstances evincing an intent to treat or remedy a medical condition.
The public consumption of alcoholic beverages by the patrons of any tavern or restaurant licensed to serve alcoholic beverages whose license may extend upon a street or into a shopping area.
The consumption of alcoholic beverages as permitted by the New York State Vehicle and Traffic Law § 1227.
[Amended 8-29-2012 by L.L. No. 8-2012]
Public consumption of alcoholic beverages on Town property when authorized by permit issued by the Town Clerk and public consumption of beer and wine at the Greenburgh Nature Center when authorized by permit issued by the Commissioner of Parks and Recreation shall be lawful.
Any person may apply for a permit to consume alcoholic beverages on public property, except where otherwise prohibited. Applications to consume alcoholic beverages on public property shall be made to the Town Clerk concerning requests for a permit on Town property other than the Greenburgh Nature Center or to the Commissioner of Parks and Recreation concerning permits specifically for the Greenburgh Nature Center. Applications shall be in writing and explain the surrounding circumstances. All applications shall contain the name, address and telephone number of an individual responsible for the event and who agrees to restrict access to the alcoholic beverages to adults if permission is granted.
In addition to the requirements set forth in this section, the Town Clerk or Commissioner of Parks and Recreation may, in his/her sole discretion after consulting with the Town Police Chief and/or other Town Officials, require whatever additional information is deemed necessary to evaluate an application.
Whenever a permit is issued under this section, the Town Clerk or Commissioner of Parks and Recreation may, in his/her sole discretion after consulting with the Town Police Chief and/or other Town Officials, impose whatever conditions are deemed reasonably necessary to protect public health, safety and welfare and limit any unreasonably intrusive activity to the greatest degree practicable under the circumstances.
Whenever a permit is issued under this section, no person under the age of 21 years shall be permitted to attend any event unless accompanied by his or her parent or an adult over 21 years of age.
Appeal. Any person seeking a permit under this section may appeal a decision by the Town Clerk or Commissioner of Parks and Recreation to deny a permit or impose conditions to the Town Board. In addition, the Town Board may entertain an appeal of a decision by the Town Clerk or Commissioner of Parks and Recreation to grant a permit under this section upon petition of not less than 25 Town residents who allege that the proposed activity is not in the public interest.
Any person convicted of violating any provision of this chapter shall, upon conviction for a first offense, be guilty of a violation and subject to a penalty of not less than $25 nor more than $50.
Any person convicted of a second violation of this chapter within three years of a prior conviction under this chapter shall be guilty of a misdemeanor and, upon conviction, subject to a penalty of not less than $100 nor more than $250 and/or imprisonment for a period not to exceed 15 days.